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The New Jersey Supreme Court held that a private attorney who is serving as solicitor for a board of education is not entitled to indemnification in defense of a civil suit under a policy that provides for the indemnification of "any person holding any office, position or employment with a board of education." The attorney also served as secretary pro tem of the board and thus was entitled to indemnification to the extent he was acting in that capacity in connection with the claims brought against him.

There was a dissent in part that finds the majority interpretation "crabbed" and states "I cannot agree that [the attorney], who was appointed by the Board as Solicitor, who served it faithfully and was sued as a result, did not hold a position under the Board." (Mike Frisch)